Court Nullifies NBC Code, Gives Broadcast Industry Hope

The recent judgment of the Federal High Court in Lagos that nullified the amendment to the 6th Edition of the National Broadcasting Commission Code is a huge relief to the creative industry,There was jubilation in the creative industry, particularly the broadcast and advertising sectors last week when the Federal High Court in Lagos nullified the amendment to the 6th Edition of the National Broadcasting Commission Code.

On August 4, 2020, the Minister of Information and Culture, Alhaji Lai Mohammed, launched the amended 6th edition of the broadcasting code. The code seeks to regulate content exclusivity, enforce content sharing and empower NBC to determine prices at which content is sold to sub-licensees by rights holders.

But despite opposition from several bodies, the federal government said it would go ahead with the implementation. He had also argued that the amendment, if allowed, will greatly affect business and the development of the country as a whole as it will frustrate tonnes of investment and hard work of many years.

“I am in agreement with the plaintiff counsel that the said proposed amendment is a violation of the principle of fair hearing and natural justice. The proposed amendment purports that the defendant NBC shall without any fact-finding or recourse to the other party place the advertising agency on its black list, solely based on the complaint of a media house to the defendant and the defendant acting has the authority to itself shall pass its verdict without hearing the other parties.

For him, these objectives remain key and central to the development of broadcasting in Nigeria and the reform of the broadcasting industry. While acknowledging the mixed reactions to the release of the amendment, the DG stated that the Commission would consider them for the growth and development of the broadcast industry in Nigeria.

‘‘These companies have taken over the local content production space and by extension the advertising and broadcasting space, relegating the local entrepreneurs to oblivion. The commission believes in DFI in the broadcasting industry but this must be done with the noble philosophy to promote our own national dreams and vision,” he said.

“These sections prohibit broadcasters from entering into rights acquisition agreements that do not allow the sub-licensing of such rights in Nigeria. The implication is that any such agreement entered into is void,” she explained.

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